UPSC CSE 2026 Essay Paper Discussion
GS Paper 2 15 marks · 250w 14 min Medium

Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy.

Subtopic: Constitution & Polity · fundamental rights & right to privacy

Model answer outline

How to structure your answer

Introduction → Puttaswamy verdict: privacy intrinsic to Article 21, overruling M.P. Sharma and Kharak Singh → Expanded scope: bodily, informational and decisional autonomy → Restraints: legality-legitimate aim-proportionality test → Downstream jurisprudence and legislation → Conclusion
Full model answer

Written within the word limit

273 words · target 250 words · 14 min

In Justice K.S. Puttaswamy v. Union of India (2017), a nine-judge Constitution Bench unanimously declared privacy a fundamental right intrinsic to life and personal liberty under Article 21 and pervading the whole of Part III. The reference arose from the challenge to the Aadhaar scheme, and the verdict overruled M.P. Sharma (1954) and Kharak Singh (1962), which had denied such a right.

How the Judgment Widened Fundamental Rights

  • Privacy was recognised as a natural, inalienable right that the Constitution guarantees rather than confers, anchored in human dignity.
  • Its content spans bodily integrity, informational self-determination and decisional autonomy over intimate choices of food, faith, family and identity.
  • The Court read Part III as an interconnected scheme — reaffirming the Maneka Gandhi approach — so privacy claims can be tested under Articles 14, 19 and 21 together.
  • It cast a positive obligation on the State to build a data-protection regime, which eventually yielded the Digital Personal Data Protection Act, 2023.

Not an Absolute Right

  • Restrictions must satisfy a threefold test: a valid law, a legitimate state aim, and proportionality between the objective and the means adopted.

Downstream Expansion

  • Navtej Singh Johar (2018) decriminalised consensual same-sex relations; Joseph Shine (2018) struck down adultery as a crime.
  • Common Cause (2018) recognised passive euthanasia and living wills; Puttaswamy-II (2018) upheld Aadhaar for state benefits but struck down Section 57, barring private entities from demanding biometric authentication.
  • Courts now routinely apply its framework to test surveillance measures, facial recognition deployment and allegations such as those in the Pegasus matter.

Puttaswamy converted Part III into a living charter of dignity and autonomy. Its proportionality yardstick now disciplines surveillance, facial recognition and data-collection programmes, making the judgment the fulcrum of India's rights jurisprudence in the digital age.

Key points

What an examiner expects to see

  • Nine-judge unanimous bench held privacy intrinsic to Article 21 and to the entire Part III
  • Overruled M.P. Sharma (1954) and Kharak Singh (1962); privacy is guaranteed, not conferred by the State
  • Three facets recognised: bodily integrity, informational privacy, decisional autonomy
  • Privacy is not absolute — threefold test of legality, legitimate state aim and proportionality
  • Positive obligation on the State to enact data protection, culminating in the DPDP Act, 2023
  • Foundation for later expansion: Navtej Johar, Joseph Shine, Common Cause, Aadhaar (Puttaswamy-II)
Examples to use

Concrete cases, schemes and judgments

  • Justice K.S. Puttaswamy v. Union of India (2017) — nine-judge bench on privacy
  • Puttaswamy-II (2018): Aadhaar upheld with safeguards; Section 57 struck down
  • Navtej Singh Johar v. Union of India (2018) reading down Section 377 IPC
  • Joseph Shine v. Union of India (2018) striking down Section 497 IPC (adultery)
  • Common Cause v. Union of India (2018) on passive euthanasia and living wills
  • Digital Personal Data Protection Act, 2023 as legislative follow-through
Keywords / terms

Terminology to weave into the answer

informational privacydecisional autonomyproportionality testtransformative constitutionalismArticle 21data protection

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